CAT/C/AUT/CO/3 page 4 Prompt and impartial investigation 10. The Committee expresses concern about the lack of prompt investigation of certain cases of torture and ill-treatment committed by law enforcement officials, as well as about the penalties imposed on perpetrators, in particular with reference to the death in custody in 2003 of Mr. Cheibani Wague. With regard to this case, the Committee notes with deep concern: (a) The delay between July 2003, when the pretrial investigation was conducted, and July 2005, when the court hearings started; (b) The lenient sentence pronounced on 9 November 2005, taking into account that racial motives could not be excluded. The State party should: (a) Ensure that criminal complaints regarding torture and ill-treatment lodged against its law enforcement authorities are resolved expeditiously; (b) Inform the Committee whether an appeal was lodged by the Public Prosecutor and of the result of the appeal. Review of interrogation rules, instructions, methods and practices 11. The Committee is concerned about the restrictions on the right of an arrested person to have counsel present during interrogation if “there is some evidence to suggest that the presence of counsel would jeopardize further investigative steps”. The Committee urges the State party to take all necessary legal and administrative guarantees to ensure that this restriction will not be misused, that it is used only in the case of very serious crimes, and that it is always authorized by a judge. The State party should provide in its next periodic report additional information concerning the standardization of techniques used to interrogate persons in police custody and the implementation of new techniques, particularly the use of video-recording of interrogations, which the Committee encourages the State party to continue but not as an alternative to the presence of counsel. Additionally, the Committee requests details on the measures taken to monitor and evaluate the use of the techniques referred to. 12. The Committee is particularly concerned about the inadequacy of the legal aid system. The Committee urges the State party to implement the recommendations of the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment to establish a fully fledged and properly funded system of legal aid. 13. The Committee is concerned at the reported physical presence of police officers during medical examinations of persons in police custody.